Comment on Authors Guild Asks Supreme Court to Hold Internet Providers Accountable for Copyright Theft
meathappening@lemmy.ml 3 days agoThat’s not totally accurate since ISPs have traffic logs and are assigning IP addresses to pirates. I’d say it’s closer to holding Hertz accountable when people who rented cars break the speed limit.
But I’m concerned how they can request this with a straight face, since we’ve seen wholesale abuse of the DMCA since its inception. Ask anybody who has a YouTube channel with more than 5k subscribers about the false reports they’ve received from companies claiming to own someone else’s music. People are going to have their access cut off based on fake reports.
adespoton@lemmy.ca 3 days ago
ISPs route data packets between IP addresses; they don’t get to see the content of what I send/receive (it’s encrypted), and they don’t get domain info without deep packet inspection, because I don’t use their DNS servers.
It’s more like sometimes the city will put up speed cameras and ALPRs — but does that make them responsible for speeders?
You have a point about the DMCA though; I’ve had videos monetized by a third party because of music I wrote and performed myself — turned out, the company was stealing MY music and I got dinged for it.
meathappening@lemmy.ml 3 days ago
To be clear, I’m not saying it’s a good argument. OP just grossly mischaracterized it.
The main issue with this is that it would either A. Be massively open to abuse in the same way that YouTube is now, but would come with greater penalties in that you can lose Internet access. Or B. Force your ISP to do a copyright analysis every time they receive a report.
Reverendender@sh.itjust.works 3 days ago
Then how do they know what movie I’m torrenting if my VPN is not on?
4am@lemmy.zip 3 days ago
The rights holder is seeding and records your IP address, then sends a C&D to your ISP, who then notify you about it.
ulterno@programming.dev 3 days ago
So, the one with the right to share the thing, is sharing it themselves.
I’d say that makes it the correct source to download. Even better than the DRM’d sources that says you only have limited access.
DABDA@lemmy.dbzer0.com 3 days ago
I’m guessing it wouldn’t be a valid legal argument, but I liked the thought experiment of claiming that it can’t be piracy if the rights holder is intentionally publicly sharing the content. Like trying to charge trick-or-treaters for theft when they took candy out of the bowl you left out with a “Free!” sign attached.
tekato@lemmy.world 3 days ago
You can’t get more legal than obtaining content directly from the rights holder. It’s more likely that the rights holder is leeching and recording the IP of the seeders.
tomalley8342@lemmy.world 2 days ago
The above post only applies for HTTP traffic using a third party secure DNS - traditional P2P torrenting will leak what you are downloading to your peers. There are anonymous P2P networks like I2P that (allegedly) solve this issue, but it is not widely adopted.